William Prosser - Prosser and Strict Products Liability

Prosser and Strict Products Liability

Prosser became closely associated with the doctrine of strict liability for products injuries. His first edition of Prosser on Torts in 1941 argued that strict products liability was developing in American law, and predicted that it would be the law of the future. By the time his influential article The Assault on the Citadel (Strict Liability to the Consumer) was published in 1960, the New Jersey Supreme Court fulfilled his prediction, holding in Henningsen v. Bloomfield Motors that manufacturers implicitly warrantied their products against personal injury to all users. As Reporter for the Second Restatement of Torts, he helped codify strict products liability in the Restatement's Section 402A.

In the early 1940s, Prosser prepared the Comments and Notes to the predecessor of the Uniform Commercial Code: Commercial Code, Tentative Draft No. 1 – Article III. His work was limited to sections 1–51 of Article III, which focused primarliy on commercial paper.

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